If you have god forbid been injured in a motorcycle accident anywhere in California, give me a call anytime 7 days a week, 24 hours a day at 800-816-1529 x.1, to discuss your case.

California Motorcycle Accident Attorney Norman Gregory Fernandez

I can get you medical treatment even if you do not have medical insurance,

I will send my investigators to you so you do not have to come into the office.

I will work to get your motorcycle fixed.

I will work to get you all the compensation you are entitled to for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, emotional distress, and more.

I am not some marketing scam that you have seen posting flyers all over motorcycle rallies, or biker rags nationwide. I am not “an association of lawyers” who has attorneys paying me money to advertise for them nationwide, and then farms cases out to them. I don’t pass out trinkets and goodies at motorcycle rallies to make you think that I am something I am not. I am not some generic non-riding personal injury attorney who has designed a fancy website to get you to think that they are biker lawyers, which they are not, I am a real deal biker like you. My firm and I handle the actual cases that come in. We say what we are, and are what we say, experts in motorcycle accident cases.

Read my blog below. I am an expert in motorcycle accidents. Like you I am a real biker who rides, and I am an expert in personal injury cases.

Don’t be suckered into signing up with a firm because of fancy advertising, or who do not ride motorcycles, who says they ride just to get you to sign up with them. Don’t be fooled by fancy ads. I am a top rated attorney who rides in the wind just like you.

Author Archives: Norman Gregory Fernandez

Motorcycles on the ground after horrible motorcycle accident in Arizona

The dump truck driver responsible for the deaths of four motorcyclists in a horrendous rear ender crash in Arizona has been arrested after toxicology results found methamphetamine was in his system on the day of the crash.

46-year-old Michael Jakscht is being charged with 4 counts of manslaughter, 5 counts of aggravated assault, and 7 counts of endangerment. He is being booked into the Maricopa County Jail.

Phoenix Police say that Jakscht was driving the truck that plowed through a group of eight motorcycles stopped at a red light at Carefree Hwy and 27th Ave back on March 25.

Three men caught under the truck and dragged were killed almost instantly. They were 67-year-old Clyde R. Nachand, 35-year-old Daniel L. Butler, and 52-year-old Stephen Punch. A female driver, 47-year-old Dayle Veronica Downs-Totonchi, died the next day from her injuries.

Phoenix Fire Captain Ernie Lizarraga was also one of the several victims seriously injured.

Officers arrested Jakscht Tuesday in the area of Highland and State Route 51.

Jakscht was being watched at his residence in Scottsdale. The surveillance team saw him leave and he was stopped by officers who observed impaired driving behavior.

Jakscht has been under surveillance ever since the fatal crash, as police waited for toxicology test results. The test results were completed in record time and illegal drugs — methamphetamine — were found present in Jakscht’s system, according to police.

Crime lab tests usually take between 4 to 6 weeks, but police made this test a priority and it was completed in two.

Today, Jessie James has been cited for vandalism by the Violent Crimes unit of the Long Beach Police Department after approaching and threatening a celebrity photographer parked across the street from the location of a West Coast Choppers Place press conference. The actual incident took place on March 25, 2010.

It is alleged that James blocked the photographer’s car with a motorcycle and yelled at him through the driver’s side window as a friend struck the car’s windows with a knife and slashed three tires. It was all caught on video.

The photographer was also cited for stalking James, but it’s the celebrity that took the biggest hit.

The photographer never would have been there, of course, if news had not broke a few weeks ago that James had been unfaithful to his movie star with Sandra Bullock – his wife of five years this July – with a variety of women.

I hope Jessie James gets some treatment for anger management while he is in rehab. He is lucky because this incident could have been much worse if the photographer was actually struck with glass, or had a heart attack or something like that.

A quick outburst of anger has ruined many of men’s lives.

Jesse James must be thinking that it was nice while it lasted. However, I have a feeling that he is going to be OK.

The U.S. Department of Transportation has recorded a 150 percent jump in motorcyclist fatalities in the past decade. This huge rise in motorcycle fatalities has researchers perplexed.

Even though I do not want it to be so because I myself am a biker and motorcycle rider, Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents.

Department of Transportation’s Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries.

The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined.

The greatest number of motorcycle deaths on the road (36.4%) involves front-end crashes with other vehicles.

Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data.

The Federal Highway Administration will fund a study by Oklahoma State University’s Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists.

The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in 2001. The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads.

The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways.

Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear-ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate.

The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.

Look folks, according to the data we have so far, many motorcycle accident deaths can be avoided by having proper training, proper safety equipment such as full leathers and helmets, making yourself more conspicuous (seen) while riding, and not using mind altering drugs or alcohol when riding.

The sad fact is the data shows that a majority of motorcycle related accidents and deaths are due to other motor vehicles such as cars, SUVs’, trucks, bus’s etc., running into the motorcyclist, or cutting them off. Therefore you must have the proper skill and clarity of mind to be constantly looking out for these idiots.

If you or a loved one has had a motorcycle accident anywhere in the State of California, or you were a passenger on a motorcycle that has had an accident in California, you may call me for a free consultation at 800-816-1529 x.1. I ride just like you!

“He pursued her and he had strong feelings for her,” Allred said in a statement.

According to Allred, “She is in the process of trying to decide if she will come forward.”

Allred added that the woman has “hundreds” of texts, e-mails and photos to back up her story.

Tattoo model Michelle “Bombshell” McGee was the first woman to come forward alleging an affair with James.

Us Weekly reports that James, 40, would regularly post Internet ads looking for “hot, tattooed biker chicks with big boobs,” and then invite the girls back to his West Coast Choppers bike shop in Long Beach.

James’ infidelity has been an openly-known secret among employees at the bike shop, the magazine says, adding that James “gets bored” when Bullock is away.

A second woman, stripper Melissa Smith, has claimed she had a two-year affair with the celebrity biker starting in 2006.

Like McGee, Smith is heavily tattooed.

Smith has said that after she traveled to California to meet James, they began a sexual relationship that continued for two years.

A former high-level, female executive with the bike shop also settled a sexual harassment claim against James and West Coast Choppers for $725,000 in 2007, while he was married to Bullock, TMZ is reporting.

**** 3-29-10 Update: There was a big turnout of bikers to pay homage to the downed bikers who were killed and injured in the horrible accident. You can see a video by clicking here.

**** 3-27-10 Update: 4th person died in this crash. I have modified the title to reflect this fact. The victims, and the person who caused this crash are also identified. You can read about it, and see a video by clicking here.

**** 3-26-10 Update: Here is a link to another article on this horrible crash and a video.Click Here

A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.

The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.

The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.

There was no sign the truck driver was impaired.

Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.

Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.

The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.

Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.

“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.

Dozens of police and rescue personnel responded to the crash.

Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.

The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.

The Carefree Highway was expected to be closed for several hours as police investigate the crash.

Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.

You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.

Tens of thousands of Californians are obtaining medical marijuana recommendations from physicians so they can use pot without fear of arrest.

But they still can lose their jobs, and be arrested for being under the influence of marijuana and driving.

California’s Proposition 215, passed by voters in 1996, approved the use of marijuana for a wide range of ailments. But it doesn’t require employers to make accommodations or waive any workplace rules for legal cannabis users.

And a state Supreme Court ruling affirmed that medical pot use can get you fired by a disapproving employer.

Christian Hughes, 33, just found that out.

For five years, he was a manager at a senior citizens apartment complex near Redding. Unknown to residents, he used marijuana to dull pain from a jaw shattered in a car accident.

Recently, a new company bought the apartment complex and ordered drug testing for employees. “I tried to explain my situation,” Hughes said.

After his test results came in last month, he was dismissed.

Joe Elford, legal counsel for Americans for Safe Access, an advocate for medical marijuana patients, said people such as Hughes don’t have much protection.

Elford argued before the state Supreme Court on behalf of Gary Ross in a landmark 2008 case.

Ross, of Carmichael, was fired after 10 days as a lead systems administrator for a Sacramento firm, RagingWire Telecommunications.

He told a clinician performing a drug test as a condition of his hiring that he had a medical marijuana recommendation for back pain and spasms from injuries sustained in the U.S. Air Force. When the results came in, Ross was out of work.

The Supreme Court rejected his argument that he was protected from job discrimination under the California Fair Employment and Housing Act as a qualified pot patient under Proposition 215.

“Nothing in the text or history of the (Proposition 215) Compassionate Use Act suggests that the voters intended the measure to address the respective rights and obligations of employers and employees,” the court ruled.

Advocates for private employers argued strenuously against legislation – advanced after the court decision – to ban discrimination in hiring or firing of workers for being medical marijuana patients.

“It really boils down to this: An employer’s right to maintain a drug-free workplace is critical,” said Denise Davis, the California Chamber’s vice president for media relations. “It protects the safety of all workers and limits exposure to potentially costly litigation.”

Sacramento’s largest employer – the state of California – has no policy in place when it comes to medical marijuana, said Lynelle Jolley, a spokeswoman for the Department of Personnel Administration.

Forty state agencies can dismiss employees based on tests for “reasonable suspicion” of drug or alcohol use. They include the Highway Patrol, Department of Corrections and Rehabilitation, Department of Motor Vehicles, Lottery Commission, California Public Employees’ Retirement System and Museum of Science and Industry.

The U.S. Department of Transportation declared last year that workers from aircraft pilots to school bus drivers can’t legally smoke pot, even in states allowing medical use.

In Rancho Cordova, GenCorp Inc., a major regional employer that relies heavily on federal contracts, has a strict anti-marijuana policy.

“GenCorp and its company, Aerojet, are a drug-free workplace,” said spokeswoman Linda Cutler. “We do not accommodate medical marijuana. Under federal law it is still an illegal drug, and we are a federal contractor.”

Gargoyle, another large employer in the region, requires job candidates to pass a drug test as a condition of hiring and makes no allowances for people with a medical pot recommendation. Drivers of heavy trucks face random tests. Employees from press operators to reporters may be subject to discipline for on-the-job accidents attributed to drugs, alcohol or performance-altering medications.

The pot issue recently arose in Michigan when a Wal-Mart store fired Joseph Casias, an employee who had been using marijuana under Michigan’s medical pot law for pain from sinus cancer and a brain tumor. Casias claimed he never came to work high. But he was fired this month after being tested for drugs following an on-the-job knee injury.

Leno, now a state senator, still hopes for a California solution governing medical pot in the workplace.

“When voters supported Proposition 215, the Compassionate Use Act, they didn’t intend use of medical marijuana only for those who are unemployed,” Leno said.

His 2008 bill would have allowed employers to fire workers who were impaired on the job. But it would have protected employees from being targeted because they have a medical pot recommendation or test positive for marijuana.

The bill passed both houses of the Legislature but was vetoed by Gov. Arnold Schwarzenegger.

The state Supreme Court clearly decided employers can set any rules they want when it comes to medical pot. But he said there may be a narrow legal window to challenge drug tests ordered without cause.

However, you cannot just test somebody because you think they’re a pothead or someone saw them walking out of a cannabis club.

Recently I just got a call from a person whose car was searched after Police officers pulled her over, smelled pot in the car, and observed a pot pipe sitting on the seat.

She ranted and raved about the fact that she had a marijuana card, that she was sick, and that it was an illegal arrest; WRONG.

I explained to her that drinking alcohol is legal in the State as well, however, you are not allowed to drink and drive, or have an open container in the car, so why would she think that she can smoke dope in her car.

Under California’s medical marijuana law, you are allowed to use marijuana, but you are not allowed to smoke it or ingest it while driving. This is also true for certain prescription drugs which impair your driving ability.

So there you go; and employer can fire you for marijuana use even though it is legal to use if you have medical marijuana card and you cannot use marijuana and drive.

****March 25, 2010 Update – Reconcilliation bill approved by Sentate with a few changes, sent back to House, and approved by House. This phase of health care reform is compete. – Healthcare reform was signed into law by President Obama, history has been made.

****March 23, 2010 Update

Whether you are for, or against health care reform, one thing is certain, health care reform will become law of the land.. The House of Representatives passed the Senate version of Health care reform last night, and President Obama is expected to sign this bill into law. The House also passed a bill which seeks to modify or fix the original bill, which if passed by a majority vote in the Senate, will also become part of the health care reform bill.

As you can see the country has not come crashing down, the sun has risen. (Except if there is bad weather in your part of the country) America is a great country, and we have just become even greater.

I am not going to go into the politics of this historic bill, I will just say this; it now appears that immediately children can no longer be denied health insurance due to pre-existing conditions, parents will now be able to keep their children on their health insurance plan to the age of 26, and senior citizens who need prescriptions will now be able to get medications which are presently not covered.

In 2014, the ban on denying coverage to individuals with pre-existing conditions will take affect for all. Insurance companies will no longer we able to deny anyone from getting insurance just because they have a pre-existing condition. Furthermore, insurance companies will no longer be able to terminate someone’s insurance, just because they become sick and actually need to use their medical insurance. Furthermore, there is no more life time cap on insurance, 30 million uninsured American’s will now get medical insurance. On top of that, individuals and small business will be able to join pools of others to buy low cost insurance.

When a Senator who promised to kill health care reform was elected in Massachusetts, Anthem Blue Cross, the largest health care insurance company in the nation, told Californians with individual plans that their insurance rates would increase by 39% this year. I think this is what broke the camels back so to say. I thank Anthem Blue Cross and their greed for helping us to get health care reform.

Basically we have told the medical insurance companies to go screw themselves. They tried like hell to prevent this reform from passing. Hell there was a doomsday commercial message every commercial break on CNN, MSNBC, and FOX news for the past week. We even heard members of a certain political party claim that our nation was not good enough to ensure that all of us have health care, just like other industrialized nations in the west.

It does not matter if you are a Republican, a Democrat, and independent, or other, you or your family too will benefit from health care reform. Because you see the health care industry abuses that are happening right now do not care what political party you are from. When you are sick and shit out of luck with no insurance or no way to see a doctor, you political views, or voice don’t mean squat. All that matters is getting you or a family member better.

The reform bill is not perfect. I believe that there should be a public option as well. However, this will do for now.

In this economy where millions of Americans are out of work, or working in jobs that give them little or no health care, our nation is coming through. In a few years you will no longer have to look in the mirror and wonder how you are going to see a doctor if you get sick. Hallelujah.

Jesse James has issued a public apology to his wife, academey award winning actress Sandra Bullock, and his three kids.

He is taking full responsibility for their troubles.

Sandra Bullock and Jesse James have been married for five years. They met on the set of Jesse James TV show Monster Garage.

Michelle “Bombshell” McGee alleges that she had an affair with Jesse James for almost a year.

“There is only one person to blame for this whole situation, and that is me,” James said in a public statement. “It’s because of my poor judgment that I deserve every bad thing that is coming my way.”

Bullock was selected as one of People magazine’s 50 Most Beautiful People in the World in 1996 and 1999, and was also ranked #58 in Empire magazine’s Top 100 Movie Stars of All Time list. She just won a Best Actress Academy Award a few weeks ago.

Bullock has cancelled an appearance at a European premier of her latest movie citing personal problems, and has reportedly moved out of the family home.

Although James insists that the vast majority of the allegations against him are not true, the marital situation does not look good.

Michelle McGee has also provided more evidence of her relationship with James by posting text messages that were sent to her by Jesse James.

The text messages only made the situation worse. In fact, McGee went so far to discuss details about his body parts in a recent magazine. However, she is the other one to blame in this sad situation. It appears that she may have ulterior reasons for publicizing the affair.

Jesse James had it all. Just four nights ago, Sandra Bullock was praising him in the public spotlight. She has been by his side on during numerous trials and tribulations.

Bullock moved out of the Los Angeles home she shared with James and his kids after it was revealed that her husband had the affair with the tattooed model. The tattoo model works for an adult website. She said their affair blossomed on the first night they met.

Jesse James and Monster Motorcycle Reality TV Shows

Jesse James is the CEO of West Coast Choppers. The company builds custom-made motorcycles. James is the current host of “Jesse James is a Dead Man” on Spike TV and former host of “Monster Garage” on the Discovery Channel.

James is the owner of the Cisco Burger restaurant. It opened on April 28, 2006 and is located just down the street from West Coast Choppers. The 1950s style hamburger stand is named after his beloved pit bull who recently passed away. The restaurant features Angus beef burgers, low-fat burritos, organic vegetables, and biodegradable wrappings.

In 2000, the Discovery Channel made the documentary “Motorcycle Mania,” which chronicled the life of Jesse James. The show motorcycle mania was the beginning of the great motorcycle reality show bonanza of the early 2000’s.

The Discovery Channel approached James with another offer to host a new show called “Monster Garage.” The features him and a crew of mechanics building modified vehicles under short deadlines.

James later established Payupsucker Productions, under which he produced shows like “History of the Chopper,” and “Iraq Confidential with Jesse James” to name a few.”

He also appeared on the second season of Celebrity Apprentice. Each celebrity played to raise money for a favorite charity. James selected to pay the “Long Beach Education Foundation.”

Jesse James has built up a large following of motorcycle enthusiasts, bikers, and average people.

Green Bay Packers tight end Spencer Havner was arrested early Saturday morning after he was injured in a motorcycle accident in an unincorporated area of Nevada County in California.

According to the California Highway Patrol, the former Nevada Union High School star was riding on a cul-de-sac off Indian Flat Road at about 2:45 a.m., when he lost control of his 2007 Kawasaki and crashed.

Havner was transported to Sierra Nevada Memorial Hospital, where he was found to be under the influence and arrested, according to CHP reports.

“There was a smell of alcohol, he was babbling somewhat and the on-site investigating officer determined that he was under the influence of alcohol,” said Grass Valley California Highway Patrol spokesman Eric Wagner. “The subject couldn’t remember what happened or falling off.”

Wagner said Havner, 27, was not wearing a required helmet and, according to the preliminary report filed by the arresting officer, Dina Hernandez, Havner sustained “major injuries,” including a broken shoulder blade, lacerations to his head and left arm.

Wagner said Havner was transported to Sutter Roseville Medical Center after blood was drawn.

“The sobriety field test was limited based on his injuries,” Wagner said. “But in the officer’s opinion (his blood-alcohol level) was greater than 0.08 percent.”

A final report will be forwarded to the Nevada County District Attorney’s office, likely early next week, when it will be determined if charges will be filed.

While Humenik confirmed Havner broke his scapula (shoulder), he should be fully recovered “in short order.”

“We have spoken to Spencer Havner about the injuries he sustained in a recent motorcycle accident near his home and we are monitoring the situation,” Packers spokesman Jeff Blumb said in a statement.

Nevada Union coach Dave Humphers, who mentored Havner, was shocked by the news. He said he has yet to talk to Havner.

“I just hope he’s OK,” Humphers said. “Spencer has always been a solid guy. He’s never been in trouble of any kind.”

Havner starred at UCLA but was undrafted in 2006. The 6-foot-3, 250-pounder spent parts of three seasons trying to make the Packers as a linebacker. Last season, Havner, nicknamed “Duct Tape” for his ball-catching skills, switched to tight end and caught four touchdown passes.

The Packers offered Havner a tender as an exclusive-rights free agent earlier this month.

Let me tell you that Spencer Havner is lucky to be alive. To be frank he is an idiot for drinking and riding a motorcycle, let alone without a helmet. The injuries he suffered are painful and severe. I am sure the driving while under the influence will be the least of his problems.

Under no circumstances should anyone ever drink and ride a motorcycle, especially without wearing the proper safety gear.

I know lots of guys who enjoy one or two beer while on motorcycle road trips, thinking that only a couple of beer will not impair them; well B.S. it does.

There is no room for error while riding a motorcycle. I wish Spencer Havner a full and speedy recovery; hopefully he has learned his lesson about drinking and riding a motorcycle. Many bikers and motorcyclist do not ever get a second chance.

Well as you read here, the Biker Law Blog has been getting spammed by people who are seeking reverse links back to their websites, which they believe will increase their search engine ranking. They leave comments such as “I really enjoyed this article” etc., on articles such as the death of a biker, etc. In other words they are submitting spam comments to build up their own webpages.

Now I do not care if people with websites submit valid comments on the Biker Law Blog, hell I encourage everyone to comment. However, enough is enough. I am sick of deleting and banning URL’s of spammer’s everyday.

When we last upgraded the Biker Law Blog software, super guru Ed B. implemented an anti-spam program he developed called Touring Test. Touring Test required unregistered users to answer a question before they could post a comment or register on the blog. Well the spammers figured a way around it.

I now have no choice but to make it more difficult for unregistered spammers to submit comments onto the Blog. I have re-implemented Captcha security onto the Blog.

Now any unregistered users wanting to submit comments to an article will have to type in two separate words separated by a space. Only a human being should be able to see and differentiate what the words are. There is also a voice option for vision impaired people.

If you are a registered user you will not have to worry about typing in the displayed words. To register as a member of the Biker Law Blog click here now.

I encourage all users to comment to your hearts content. I hope making you type in the two words that you see will not be too much of an inconvenience. We all have the spammers to thank for this.

The following article was written by a long time Biker Law Blog member Sandra Lee Miller as a guest author. Her article is about how the bad economy is affecting her and her families life. As you read it you will realize that she poured her heart into this article. It makes me wonder what is happening to our nation.

I was born in Maysville, Kentucky, the number one tobacco market in the USA.
The last time I went home for a visit, I was stunned at how many manufacturing plants and jobs were gone. We had the Cotton Mill which ginned cotton. My great-grandmother, great-grandfather, two great-aunts and maternal grandmother all worked there. The business has since closed and the buildings have been torn down. Why? Because, we no longer gin cotton in the United States.

At one time there was the Pants Factory, located in Manchester, Ohio which made Haggar pants. It is now closed and a building stands vacant as it deteriorates with the passing of time. Why? The work that was once performed by hard working Americans with two eight hour shifts, five days a week has now been outsourced to Mexico.

Wald’s Manufacturing, also in Maysville, Kentucky made bicycles, was another place that my family worked. My paternal Grandfather worked there over 20 years. My Great Aunt and a Great Uncle worked there as well. The plant was closed and two shifts of both men and women are out of work today. Why? Inferior bicycles are now made in China with sporadic recalls and safety concerns an issue. I never thought that I would see the day that you would have to take a child’s bike away from him because of the lead in its paint.

At one time the pride of Ripley, Ohio was its Red Cross Shoes Manufacturing Company. This is yet another company that employed men and women who worked one of the two shifts, five days a week in order to fill the demand for quality and stylish shoes. The plant was closed in the late seventies. Why? The plant was moved to Mexico and has since gone out of business. Now the country of Mexico has unemployed workers as well!

As a teenager I remember there was excitement in Maysville, Kentucky when Blue Grass Industries built their state-of-the-art facility that was perched on top of a beautiful hill, surrounded by the renowned glistening blue grass. The company manufactured men’s t-shirts and underwear. They were of durable and fine quality then. You would recognize them as JOCKEY. Today, Blue Grass Industries is closed. Why? Their work has also been outsourced and production is now in Mexico.

Next is, Welded Wire of Manchester, Ohio which manufactured industrial wire. When I last returned home for a visit, Welded Wire was only running one shift with a skeleton crew. Today, as I fact checked, it appears that Welded Wire has fallen by the wayside and the property and building are now advertised for sale. I can only wonder what the two hundred plus men and women are doing for work these days. Why? Welded Wire is a victim of the times and American trade policies. This is a fact and not a political comment.

The four small river towns I have written about are dying on the vine, so to speak. The downtown areas where there were little retail shops, bakeries, restaurants, drug store, Doctor’s Office and beauty salons, to name a few, are all gone. Why? The hard working, honest men and women who were formerly employed by the manufacturing plants and facilities cannot support the small businesses that once thrived in those areas.

Today, I reside with my husband in Sebastian, Florida. Unemployment in INDIAN RIVER COUNTY is now 12.4 percent. By the grace of God, we are working. The jobs are not our normal line of work, but like so many of us, we are finding ways to bring in income and pay our bills. We have a 2002 Harley Davidson Fat Boy. This year due to economic times, the bike sits in the garage a lot more than days past. We used to look forward to our weekend getaways to beautiful Daytona. We would roll our clothes and fill the leather saddle bags and head for a motel. Sometimes we would order Papa John’s Pizza or head out for Seafood. Next morning we would rise, pack our gear and head out to breakfast. We used to stop at every Harley Davidson dealership to purchase one of their t-shirts and spent anywhere from $50 on up. We can no longer afford to patronize the stores. The gasoline, motel and food expenses add up quickly. We won’t even mention the purchases at the Harley Dealerships. I did not buy this years Harley Davidson Christmas Ornament. I did not shop at the Harley Dealership this year. Credit cards are not being used in my house. They are for an “Emergency”. WE are smart enough to know better than to make unnecessary debt. I do not want any extra bills in my mailbox. I no longer go to a movie when I feel like it. I go to a Matinee because it is cheaper. I eat before I go so I pass up the concession stand. A small popcorn is $4.75……too expensive for my budget. Then you have to have a $4.75 Small Soda to wash it down.

I now grocery shop where I can redeem coupons and have to watch every penny that we spend. Gone are the days of eating out two or three times a week. This past Christmas, the outdoor decorations were left in the attic to collect dust because of the additional $200 that would drive up the electric bill. I now consign clothing and buy clothes at Consignment shops as well.
We used to sit and count our dollars at the end of the week. Today, we count pennies.

If you are a biker or a motorcyclist, and you actually ride your motorcycle, you have probably had a run in with loose gravel on the road or a parking lot at some point or another. It can be a real bitch to say the least.

Talking to a new client this evening brought up some bad memories I have had riding though gravel in the past myself, not to mention the many cases I have handled of motorcycle accidents caused by loose gravel.

My new client, who we will call Lucy for this article, was a passenger on a motorcycle that was being driven by her ex-boyfriend that went down when they hit a patch of gravel.

He was pinned underneath the motorcycle, she was thrown off and suffered severe injuries.

I am representing Lucy the passenger.

As she described it, they were not riding fast, and they turned into onto a familiar street, and then the bike (a Harley Davidson) just kind of slid out from underneath them for no apparent reason. Once they were down they realized that they hit a patch of gravel. Both were injured.

As we all know or should know, a motorcycle only has 2 wheels that we balance on when riding. Unlike a car or other cage vehicle, generally a motorcycle’s 2 wheels have a very small tread area that actually contacts with the ground when we are riding. Yea I know that some of you have 200’s on the rear, or fat racing slicks on your sport motorcycle, but that is not the norm.

Most of us have a very small amount of tread that contact with the ground when we are riding. If we ride over loose gravel, sand, or rocks on the road, it can very well cause your motorcycle to slide out from under you and ruin your whole day.

My worst experience with gravel happened on a very lonely unnamed off ramp on Highway 40 in Arizona between Flagstaff and Kingman in the middle of the night. My then fiancé and I got off to get some gas. It was pitch dark. No lights at all except for my headlight. The gas station was on the other side of the interstate under a bridge. There was no light from it at all when I got off.

As I turned left my motorcycle slid out from under me. I am no expert rider, but I managed to keep the motorcycle up. I was scared shitless. Had we gone down, we could have been run over by someone speeding down the off ramp due to no light, or we could have been laying there for quite some time. We were literally in the middle of no where, in the middle of the night. (Just the way Bikers like it.)

When we got to the gas station I told my fiancé what happened. She was so tired that she had no clue that we almost ate it.

Who is at fault if an Accident is caused by loose gravel, or on the Road?

Generally the person operating the motorcycle has a duty of due care to ride the motorcycle safely on all surfaces, therefore the rider is responsible.

However, it can also be argued that it is reasonably foreseeable to private persons, private property owners, or governmental entitles, that loose gravel or sand on hard pavement can create a dangerous condition to persons riding motorcycles because these vehicles balance on two wheels only, and loose gravel or sand can cause them to go out of control.

In other words, an experienced Biker Attorney and Motorcycle Accident Attorney such as me can and will go after a person or entity that knowingly puts loose gravel or sand on a road that is used by motorcycle riders, because it creates a dangerous condition that they either know about, or should know about.

This is a very good reason why you do not want to go to a garden variety personal injury attorney who advertises that they do motorcycle accident cases, but has no clue what it is to actually ride a motorcycle. Only a real biker and rider of motorcycles understands the gravel or sand problem as it relates to motorcycle riders. I understand the problem because I have experienced it.

So there it is; if you go down due to loose gravel or sand on a public or private road, or even a parking lot anywhere in California, you should give me a call for a free consultation at 800-816-1529 x. 1. I will tell you over the phone if you have a good case.

Through the open door at Central Florida Choppers near downtown Orlando, Allen Dixon can hear the rumble and roar of motorcycles traveling up and down Interstate 4.

It is, after all, Bike Week, and Dixon makes his living building motorcycles.

But right now, he isn’t building many. The recession has sent the market for choppers — long, raked-out custom cycles with Harley-Davidson-style engines and tall “ape hanger” handlebars — straight into the Dumpster.

“The $40,000 and $50,000 bikes are gone for now,” said Dixon. 46. “If anyone is buying, its bikes in the $20,000 to $30,000 range, and there’s very little of that right now.”

The downturn has also affected the used market. “Most guys are trying to sell their bikes. I can’t build you one for what they’re selling theirs for. I’ve got one in here right now — the guy probably paid $25,000 for it, and he said if I can get $10,000 for it, sell it.

“A lot of shops — a lot of shops — have fallen by the wayside. But we’re still here, still have the lights on. We’re struggling, but we’re still here.”

Many of us got an introduction to choppers 40 years ago with the release of the film Easy Rider, which had stars Peter Fonda and Dennis Hopper biking across the country, for a while with Jack Nicholson squeezed on the back of Fonda’s bike.

Those bikes were built by California customizer Ben Hardy from retired Harley-Davidson police cycles. Hardy also built some of the bikes used several years earlier in The Wild Angels, one of a series of drive-in movies based loosely on the Hell’s Angels motorcycle gang that helped cement the idea that chopper riders were nonconformists at best, and trouble at worst.

This was also when Japanese-built motorcycles began to make major strides in the business of building large motorcycles. As owners sought to customize their motorcycles, the chopper industry grew, but promptly receded to the point where only dedicated chopper owners kept the business going.

A major resurgence came in 2002 when American Chopper debuted on the Discovery Channel, featuring the bike-building Teutul family from New York. Television also made stars of other chopper builders, including Jesse James, who founded West Coast Choppers in his mother’s garage in 1992 and is now a major personality married to actress Sandra Bullock.

Now, American Chopper has been canceled, the Teutuls are involved in million-dollar interfamily lawsuits, and Dixon feels the pain.

“The motorcycle market is flooded,” he says. “That’s the honest truth. But there are still a few guys out there who want to ride something special.”

That’s where Dixon comes in. He and the customer design the bike in advance.

“It’s something we create together and make it one of a kind. Sure, you can go down to the store and buy a motorcycle, but if you ride it to Daytona this week, you’ll probably see hundreds of bikes just like yours. The only difference is the rider and paint.”

Owning something no one else has appeals to John Argall, a cabinetmaker and chopper rider: “To design something myself and see it built, and know that no one else has a bike like it — that’s what I like.”

Argall’s bike, which Dixon built, is red with black trim — skulls, mostly — and is powered by a V-Twin S&S engine.

And unlike a lot of chopper riders, Argall rides his regularly, not just on weekends. “It’s comfortable. After all, it was built especially for me, so everything fits just right.”

Central Florida Choppers is obviously good at what it does: Trophies from motorcycle shows line the walls of the office.

Likely adding to the challenge for chopper builders such as Dixon is that Honda and Harley-Davidson have entered the chopper market — sort of, at least.

Two years ago, Harley introduced the Rocker, a raked-out, chopper-looking motorcycle that started at $17,295. And in 2009, Honda introduced the 2010 Fury, which has the V-Twin engine that looks like a Harley motor, plus lengthened front forks. The Fury starts at $12,995, and Honda offers about $3,000 worth of options and accessories.

Bikes like those, Dixon says, are merely amusing to dedicated chopper riders. “[They’ve] been trying to look like us for years, copying the look, the sound, everything. Honda will sell as many Furys that all look alike to anyone who buys them.”

And they are selling, says Kirby Mullins, owner of Seminole PowerSports, a Honda dealer.

“Its heck of a buy for $12,995,” he says, “and you have Honda reliability and a warranty backing it up.”

Also, the wheelbase of the Fury — the distance from the center of the rear wheel to the center of the front wheel — is just short enough so that many insurance companies don’t consider it a true chopper. Insuring a chopper, Mullins says, can get expensive, largely because many of them can’t be repaired easily with off-the-shelf parts.

Mullins agreed that the motorcycle market in general — the chopper market in particular — is going through some tough times.

“I’ve never really understood the chopper market,” Mullins says. “It seems like a lot of people have spent $30,000 or $40,000 on a custom chopper, then a year later, they’re trying to sell them for $15,000.”

“It’s like the boat market,” Dixon says. “No one really has to have a boat, unless you make your living fishing. And no one really has to have a chopper.”

But some people want one anyway, and for those customers, the door is still open, the lights are still on at Central Florida Choppers.

Some of my readers have reported seeing motorcycle safety messages on signs all over California. This intrigued me so I looked into it.

It appears that it is true; the California Highway Patrol has started a campaign to make motorists more aware of motorcycles. The message, “Share the road, look twice for motorcyclists,” is being shown on over 700 electronic signs across the state.

I along with probably tens of thousands of California motorcyclists, applaud the California Highway Patrol, the Office of Traffic Safety and Cal-Trans for recognizing the importance of motorcycle safety, and for utilizing this very effective medium to promote highway safety.

I hope that these signs will continue to be used to display motorcycle safety messages. I think that these messages being shown to literally millions of motorist all over California will make everyone more aware of motorcyclist, and may even create some cognitive behavior changes in cager’s reactions to motorcyclist. Who knows?

On a stretch of the 405 freeway, where just one of the hundreds of signs is located, it’s estimated that 250,000 vehicles pass through every day.

Deadliest Catch star Phil Harris, died on Tuesday after suffering a stroke while captaining his Cornelia Marie crab fishing vessel late last month.

Film crews were present and filming for the TV series when Phil Harris suffered the stroke. It is unsure if the incident will be edited out of the TV series.

Discovery Channel and Deadliest Catch executive producer Thom Beers are currently discussing plans for a tribute to Harris.

Harris suffered the stroke while the Cornelia Marie was docked on St. Paul Island in Alaska and off-loading on January 29.

The 53-year-old was airlifted to Anchorage where he underwent 12 hours of surgery the following day and was then put in a medically induced coma to reduce brain swelling, but had exited the coma and begun to show signs of recovery early last week.

Beers acknowledged that despite his death, Harris — who had been part of Deadliest Catch since its first season — will still be featured in the shows sixth season which began filming last November.

“He’ll be a big part of the season and the series, “But this is a huge loss to the series.”

However whether the Cornelia Marie — which resumed opilio crab fishing with relief captain Derek Ray following Harris’ stroke — will remain part of Deadliest Catch going forward is currently undecided, according to Beers.

“The fate and the future of the Cornelia Marie and crew (are) up in the air. I’m flying up to meet with his sons and figure out what to do going forward.”

Harris had captained the Cornelia Marie, which he co-owned with Cornelia Marie Devlin, for 19 years and been in the fishing industry for 33 years. However Beers said the captain’s relationship with his sons Josh and Jake, who had joined the vessel’s crew in recent years, is what he’ll remember about him.

“What was fascinating for me was seeing this big rough-and-tumble guy reunited with his sons through work.”

“He had to adjust to all of a sudden being a dad again. It was fun to see the trials and tribulations of raising these two boys in a work environment.”

Phil Harris was also an avid Biker and not only road a custom motorcycle, but he also had a Harley Davidson. He liked to ride all of the time, especially when the weather was right and he was not on his fishing boat.

Our Motorcycle Accident Law Firm, The Law Offices of Norman Gregory Fernandez & Associates, are real bikers helping other bikers. Unlike some other so called "fake" motorcycle accident attorney's who do not ride motorcycles, Norman Gregory Fernandez, Esq. actually rides a motorcycle.